I live in California and am getting divorced. My soon to be ex is trying to get spousal support from me. We had our first court date last week and he was a no show according to the judge. She dismissed his petition and wished me luck. When he finally showed up almost 30 min late, he was able to file a new petition. Why is that? If I had been a no show, no doubt in my mind they would have granted him the support. Why does he get a second chance?
Answer
Support is one feature that must be addressed in a divorce action. I assume from your question there was a pending motion for spousal support filed by your ex that was dropped from calendar because your ex was late to court. The dropped motion was refiled as permitted by law and the issue of spousal support is subject to the courts jurisdiction until the supported spouse dies, remarries ,there is a stipulation to waive support or the court terminates that support right.
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